,i #aafth ,,congress #ast ,session ,h4 ,r4 #ddhi ,,in ,,the ,,house ,,of ,,representatives ,september #be1 #bjai,ms4 ,johnson of ,texas 7for herself1 ,mr4 ,fortenberry1 and ,ms4 ,bass7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit unfair and deceptive advertising of rates for hotel rooms and other places of short-term lodging4 #a4 ,short title ,this ,act may be cited as the ,hotel ,advertising ,transparency ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,as of the day before the date of the enactment of this ,act1 hotel rooms and other places of lodging are often advertised at a rate and later in the buying process mandatory fees are disclosed that were not included in the advertised room rate4 7#b7 ,the mandatory fees described in paragraph 7#a7 are sometimes called by names such as resort fees1 cleaning fees1 or facility fees and they are all mandatory and charged by a place of short-term lodging in addition to advertised room rates4 7#c7 ,the number of short-term lodging facilities that charged mandatory resort fees is growing4 7#d7 ,advertising that does not reflect the true mandatory cost of a stay at a place of short-term lodging is deceptive4 7#e7 ,the ,federal ,trade ,commission has authority under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to regulate and prohibit unfair or deceptive acts or practices in or affecting commerce4 7#f7 ,in #bjab and #bjac1 the ,federal ,trade ,commission exercised its authority under that section #e to issue warning letters to #ce hotel operators and #aa online travel agents4 ,in those letters1 the ,commission cautioned hotel operators and online travel agents that mandatory resort fees could confuse consumers in violation of section #e7;a77#b7 of such ,act 7#ae ,u4,s4,c4 #de7;a77#b774 7#g7 ,in #bjag1 an economist at the ,federal ,trade ,commission published an issue paper that found that forcing consumers to click through additional webpages to see a hotel's resort fee increases the time spent searching and learning the hotel's price1 and went on to state the following3 ,separating the room rate from the resort fee increases the cognitive costs of remembering the hotel's price4 ,when it becomes more costly to search and evaluate an additional hotel1 a consumer's choice is either to incur higher total search and cognitive costs or to make an incomplete1 less informed decision that may result in a more costly room1 or both4 #c4 ,prohibition on unfair and deceptive advertising of hotel room rates 7a7 ,prohibition ,no person with respect to whom the ,federal ,trade ,commission is empowered under section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 may advertise in interstate commerce a rate for a place of short-term lodging that does not include all required fees1 excluding taxes and fees imposed by a government4 7b7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,b7 ,rulemaking 7i7 ,in general ,the ,commission may promulgate such rules as the ,commission considers appropriate to enforce this section4 7ii7 ,procedures ,the ,commission shall carry out any rulemaking under clause 7i7 in accordance with section #eec of title #e1 ,united ,states ,code4 7c7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any person subject to subsection 7a7 in a practice that violates such subsection1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action against a person subject to subsection 7a74 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a7 against a person described in such paragraph2 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,effect on ,state court proceedings ,nothing in this subsection shall be construed to prohibit an authorized ,state official from proceeding in ,state court on the basis of an alleged violation of any general civil or criminal statute of such ,state4 7#e7 ,coordination with ,federal ,trade ,commission ,if the ,federal ,trade ,commission institutes a civil action or an administrative action with respect to a violation of subsection 7a71 the attorney general of a ,state shall coordinate with the ,commission before bringing a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#f7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#g7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7d7 ,definitions ,as used in this ,act-- 7#a7 the term place of short-term lodging means a hotel1 motel1 inn1 or other place of lodging that advertises at a rate that is a nightly1 hourly1 or weekly rate2 and 7#b7 the term ,state includes any territory of the ,united ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7e7 ,effective date ,subsection 7a7 shall take effect on the date that is #cj days after the date of enactment of this ,act4